Why Completely Banning Gambling Advertising May Not Be the Best Solution

  • UM News
  • Posted 1 year ago
00:00 / 00:00

*This story originally appeared in the December 2024 issue of [GGB Magazine](https://ggbmagazine.com/).*

Lawmakers from Illinois to [New York](https://igamingbusiness.com/sports-betting/new-york-gambling-advertising-tighter/) and Ireland to Ontario have passed tighter gambling advertising laws, while state and federal governments in the US and beyond are considering various degrees of such measures, including outright advertising bans.

No US state—even those with the most stringent responsible gaming regulations—has implemented a total ban on advertising.

“I think it sounds like an easy solution to deal with the rapid expansion of advertising and promotions in gaming where there is an addictive component,” Cathy Judd-Stein, former chair of the Massachusetts Gaming Commission, told GGB Magazine. “I think an informed, data-based decision is what’s needed now.

“But I’m hesitant to consider a ban because the illegal market has the ability to advertise and advertise without any guidelines. I think a ban on the regulated industry would be harmful.”

## “Ad bans are very bad news”

In the US, a bill proposed by Senator Richard Blumenthal and Representative Paul Tonko would enforce advertising bans. Similar measures are being discussed in Australia and Canada. In all cases, the goal seems to be to keep wagering advertising off the air and away from youth. However, problem and responsible gambling advocates have previously said [such bans won’t work](https://igamingbusiness.com/sports-betting/safe-bet-act-hurt-more-than-help/).

“I’m not a fan of, and I am a huge advocate against, the banning of anything,” lobbyist Bill Pascrell III told GGB Magazine. “I think it’s important that we not just put complete bans out there. In terms of athletes and celebrities, they can be utilized in a way that is useful for responsible gaming. I don’t think that banning anything is useful. And there is no proof that it works.

“Ad bans are very bad news. You won’t have anything on the airwaves to show where to go for help with gambling addiction.”

## Limiting celebrities, warnings, and banning the word “free”

In Ontario, regulators found a middle ground. They did not ban advertising or the use of celebrities. However, new regulations that went into effect in February state that [celebrities can only be used](https://igamingbusiness.com/sports-betting/ontarior-ban-on-wagering-advertising-two-years/) for responsible gambling advertising.

In 2024, New York lawmakers passed a law requiring that any advertisement for sports betting or gambling carry “warnings about potential harmful and addictive effects of gambling.” It also mandates that the state gambling commission work with the state’s addiction services programs to ensure that all advertisements—for sports betting, land-based casinos, and online gambling—include hotline numbers.

Also in the US, Illinois regulators [tightened advertising guidelines](https://igamingbusiness.com/casino/advertising-rules-tougher-illinois/), following the examples of lawmakers and regulators in Massachusetts and Ohio. The new rules, passed in September, strengthen existing measures by banning the use of words like “free,” “cost-free,” or “free of risk.” They also ban gambling advertising on college campuses or other venues where the majority of attendees are under 21 and prohibit using messaging or logos on merchandise like toys that might appeal to youth.

The Ohio Casino Control Commission last summer added a first-of-its-kind prohibition by approving a rule that prohibits offering promotions to anyone under the age of 21 during a “non-gaming, consumer transaction.” This rule responded to Fanatics Sportsbook—a part of the larger Fanatics merchandise empire—launching in the state and offering gambling credits to merchandise customers.

## Why Massachusetts is an RG leader

Judd-Stein and the Massachusetts Gaming Commission have been at the forefront of such protections since wagering was legalized in Massachusetts in 2022. In that state, lawmakers set the tone for a strict responsible gambling and consumer protection landscape.

Judd-Stein said that in her state, lawmakers “put a premium” on such measures. This gave regulators a head start by creating a research agenda.

“We were really well positioned” to prioritize responsible gambling, she said. The research “really informed the application process. The statute requires operators to submit an annual responsible gaming plan. I give the legislature a lot of credit for establishing this, and then the commissioners felt a responsibility to adhere to that.”

Across the world, in legal gambling jurisdictions, responsible gambling has also been a priority. The UK is testing affordability checks endorsed by a 2023 white paper. Ireland’s Advertising Standards Authority laid out guidelines that counsel against “encouraging” socially irresponsible behavior or suggesting that gambling could solve financial problems. The new standards also prohibit gambling ads that would appeal to or be accessible to children through a “selection of media.”

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